husna suleiman vs habib african bank ltd others 2022 tzhccomd 304 29 september 2022

husna suleiman vs habib african bank ltd others 2022 tzhccomd 304 29 september 2022

Since there is a common question of law regarding the mortgage variation that can be addressed in the main suit, the applicant should be joined as a defendant to avoid multiplicity of suits and ensure complete adjudication.

Citation
husna suleiman vs habib african bank ltd others 2022 tzhccomd 304 29 september 2022
Parties
Applicant: Husna Suleiman; 1st Respondent: Habib African Bank Limited; 2nd Respondent: Property Investment Limited; 3rd Respondent: Muslim Shivji Karim; 4th Respondent: Sabri Ally Saad
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 September 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Joinder as Co Defendant
Outcome
Application granted
Legal Topics
Joinder of Parties, Mortgage, Debt Recovery
Source Language
English
Civil Procedure Commercial Law Joinder of Parties Mortgage Debt Recovery

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Parties

Husna Suleiman

Applicant

Habib African Bank Limited

1st Respondent

Property Investment Limited

2nd Respondent

Muslim Shivji Karim

3rd Respondent

Sabri Ally Saad

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Joinder as Co Defendant

Legal Issues

  1. 1 Whether the applicant should be joined as a co-defendant in Commercial Case No.20 of 2022

Ratio Decidendi

Since there is a common question of law regarding the mortgage variation that can be addressed in the main suit, the applicant should be joined as a defendant to avoid multiplicity of suits and ensure complete adjudication.

Court Disposition

Application granted

Orders

  • Applicant is joined as a defendant to Commercial Case No.20 of 2022
  • Costs awarded to the applicant